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Does I-140 revocation from previous employer affect pending H1B Transfer petition, I am in 6th year H1B
Anonymous2 views4 answers
Immigration - H1B Transfer
I got my I-140 approved last month and want to switch jobs, with the current hold on premium processing for H1B transfer, I am worried that my previous employer might revoke my approved I-140, If the new company files the H1b transfer with the approved copy of I-140 would the revocation harm the chances of getting a 3 yr extension, I am in my 6th year of H1b expiring in Oct -15
Thanks in advance for your help.
tuart Jonas ReichImmigration AttorneyNew York, NY ·
You should speak with an attorney directly about this.
That said, only revocation by USCIS on grounds of fraud would actually prevent use of the approved I-140 for post-sixth-year H-1B extensions. Withdrawal of the petition by the employer does not.
Again, seek counsel specific to your case.
Work with the new employer's immigration attorney. Hopefully they will strategize it for you so you are not at the receiving end. If you are not confident with what you hear, you may ask them to get a second opinion. Good luck!
